By accessing the Be You with Shaughna website www.thebeyouplan.com or the Be You with Shaughna app (the website and app will collectively be referred to as the Website for the purposes of this declaration) the user is agreeing to this health declaration.
The Be You Plan Website is designed to help you reach your health and fitness goals with access to a range of professional trainers and fitness programs. Information provided through the The Be You Plan Website does not purport to be and must not be taken as medical advice, therefore, before starting any exercise regime you should consider consulting your doctor, especially if you have any medical condition(s) or are taking medication, are pregnant or have any related concerns. If you have asthma, diabetes, a heart condition, growth condition or have experienced chest pains or dizziness in the last month, we strongly advise you NOT to participate in any of the live or video-on-demand classes, activities and any other products and/or services which are provided by third party trainers via the The Be You Plan Website (the “Session(s)”).
By using the The Be You Plan Website you recognise that there is always an element of risk involved with any physical activity and your attendance at or participation in any Session is solely at your own risk. If at any time during a Session you feel discomfort or pain you should cease the exercise and seek medical assistance as required. Your participation in these Sessions are entirely voluntary and you may opt out at any given time, if you so wish.
You agree that The Be You Plan will not be liable to you and/or any third party for or in connection with:
1. losses not caused by our breach of these terms and conditions; or
2. any consequential or incidental losses which are a side effect of the main loss or damage and not reasonably foreseeable by us and you at the time of entering into these terms and conditions.
The Be You Plan and its affiliates do not exclude or limit in any way its liability for:
1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
2. fraud or fraudulent misrepresentation.
3. The Be You Plan cannot accept any liability for the actions of third party trainers or any breach by them of the terms of their service to you.
The Be You Plan will not be liable for any injury, loss, claim, damage or any special, exemplary, punitive, indirect or consequential damages of any kind, which arises out of or is in any way connected with your attendance at or participation in any Session.By accessing the Website and/or taking part in a Session, you warrant and represent that you are fit and healthy to take part.